Terms of Service
1. Important Notices about the Find Your Activity Service
These user terms of service (the “Terms”) are a legal agreement between you and Find Your Activity (Company registration no. ), whose registered address is Manor Corner, 1 Mill Lane, Yateley, Hampshire, GU46 7TE trading as "Find Your Activity" ("Us", "We" or "Our" shall be construed accordingly) and are the terms upon which We, at Our discretion, permit you to access and use the Find
Your Activity platform located at www.Find Your Activity.com and www.Find Your Activity.co.uk
· By accessing the Find Your Activity Service, you are acknowledging that you have read, understand and accept the Terms. The Terms are available in the English language only.
· The Find Your Activity Service comprises an online platform through which listings for particular clubs and activities ("Listings") may be posted by Us or by third party organisers of the relevant activities ("Organisers") for your review. You may then enter into transactions directly with a third party outside of the Find Your Activity Service or using the functionality of the Find Your Activity Service. You acknowledge that when you make a booking for a particular activity through the Find Your Activity Service in respect of a particular Listing, we are acting solely as an intermediary and you are entering into a transaction with the relevant Organiser. You further acknowledge that it is the Organiser and not Us, who is responsible for the provision of the relevant activity listed in each Listing.
· We are Find Your Activity Limited, a company registered in England & Wales (under registration number 11618263) whose registered address is Manor, Corner, 1 Mill Lane, Yateley, Hampshire, GU46 7TE, trading as "Find Your Activity". Our VAT number is GB 308 9778 54
· You are advised to print and retain a copy of these Terms for your future reference.
· While you may access the Find Your Activity Service without creating an account, in order to access certain functionality (such as saving activities, leaving reviews) you must create an account.
· By creating an account with Us, you:
a) consent to Us conducting verification and security procedures in respect of the information provided by You during the registration process; and
b) agree to keep your login and account details confidential and secure.
3. Changes to the Find Your Activity Service and these Terms
· We reserve the right to alter the Find Your Activity Service at any time, including adding, removing or changing features (which may advantage or disadvantage you). We will give you reasonable notice of any material changes to the Find Your Activity Service.
· We may need to change these Terms for legal or business reasons, and we will give you notice by posting such changes on the Terms of Service page.
· If We change the Find Your Activity Service or the Terms to your detriment, you can end your use of the Find Your Activity Service at any time. Please see Section 10 for more details on ending your use of the Find Your Activity Service.
4. Your promises to Us
· You promise that you are at least 16 years old.
· You also promise Us that all information and details provided by you to Us (including on registration for an account) are true, accurate and up to date in all respects and at all times. You can update or correct your personal details at any time through the account settings section of the Find Your Activity Service.
5. Personal Information
· You agree that on your death, all of your personal information and other account information relating to Our provision of the Find Your Activity Service to you, shall go
· on being indexed and published through the Find Your Activity Service.
· While we take reasonable steps to ensure that the Find Your Activity Service is reasonably secure, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any information you post, send or share using the Find Your Activity Service may be read or intercepted by others.
· Please note that where we include links in the Find Your Activity Service to the applications, websites or services of Organisers or other third parties, via any Listing or otherwise, we are not responsible for the privacy practices of such third parties, or the way they handle any personal information they collect about you. You should ensure you read their privacy policies carefully before using these third party websites or services.
6. Your rights to use the Find Your Activity Service
1. In exchange for you complying with the Terms, We grant you, at Our discretion, a revocable, non-transferable and non-exclusive licence to access and use the Find Your Activity Service for your personal use only.
2. You acknowledge that your use of the Find Your Activity Service grants you no rights in or to the Find Your Activity Service or any of Our intellectual property rights (including copyright, trade marks and patents) other than the right to use the Find Your Activity Service in accordance with the Terms.
7. Charges and Payments
· You may download the App or access the Website free of charge.
· If you decide to enter into a transaction with an Organiser via the Find Your Activity Service in respect of a particular Listing, the relevant charge that you will pay to the relevant Organiser through the Find Your Activity Service will be set out in the relevant Listing. Given that you are entering into the transaction directly with the relevant Organiser, you acknowledge that the price for the relevant activity will be as determined by the Organiser and as listed in the relevant Listing. We have no authority to amend this price.
· The charges are stated inclusive of relevant local taxes. Further details (including details of Our accepted methods of payment) are provided prior to the point of purchase.
· Shortly after confirming your order, you will receive a confirmation email from Us, which provides details of the purchase you are making, as well as confirming that We are acting only as an intermediary and payment agent for such purchase and that such purchase is being made from the relevant Organiser set out in the confirmation email, subject to the terms and conditions of that Organiser, which are set out in the relevant Listing and which you accepted prior to purchase. You may also receive a separate confirmation email from the relevant Organiser.
· When entering into a transaction with a credit or debit card, you confirm that the credit or debit card that is being used is yours. All credit and debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment We will not accept the transaction. We are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit or debit card payment in accordance with your requested order. If you dispute any payments taken by Us from your payment card, We recommend you first contact Us to discuss the relevant transaction.
8. Restrictions on your use of the Find Your Activity Service
· not to copy the Find Your Activity Service (or any part of it) except where such copying is incidental to your use of the Find Your Activity Service in accordance with the Terms;
· not to make alterations to, or modifications of, the whole or any part of the Find Your Activity Service, or permit the Find Your Activity Service or any part of any of them to be combined with, or become incorporated in, any other programs;
· not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Find Your Activity Service;
· not to remove, modify, alter or use any copyrighted material, brand, trademark or logo owned by Us, or otherwise do anything which may be seen to take unfair advantage of Our reputation and goodwill or could be considered an infringement of any of the intellectual property rights owned and/or licensed to Us, without first obtaining Our written permission;
· not to create alternative servers for use with the Find Your Activity Service;
· not to rely on the accuracy of any data provided to you as part of the Find Your Activity Service;
· not to use or create software which automatically interacts with the Find Your Activity Service, such that the level of user interaction required is less than would be required without that software (except to the extent required for web accessibility purposes);
· not to do anything which may disrupt, damage, or impair the Find Your Activity Service (or any part thereof), or prevent other users from using any part of the Find Your Activity Service;
· not to intercept or modify the communications between the Find Your Activity Service and Our servers;
· not to deliberately exploit any bugs you find in the Find Your Activity Service;
· not to use the Find Your Activity Service for any illegal or unlawful purpose; and
· not to provide or otherwise make available the Find Your Activity Service in whole or in part (including any object and source code), in any form to any person without prior written consent from Us.
Ending your use of the Find Your Activity Service
· You can simply choose to stop using the Find Your Activity Service. In addition, you may log out from your account via the account settings of the Find Your Activity Service. You may also contact Us via the "Contact Us" function and request that we deactivate your account. You may also remove the App from your device(s) at any time
· You acknowledge that your use of the Find Your Activity Service is subject to Our discretion and We may, in the event of your breach of the Terms, at Our sole discretion, withdraw your rights to use the Find Your Activity Service on the provision of written notice with immediate effect.
9. Cancellation of any transaction entered into through the Find Your Activity Service
· After entering into a transaction with an Organiser through the Find Your Activity Service, any requests to cancel a transaction and get a refund should be sent to the Organiser's email address as specified in the booking confirmation email. However, acceptance of such requests (including any conditions placed on such acceptance) is subject to the sole discretion of the relevant Organiser. If the Organiser approves your refund, We shall procure that your transaction with the relevant Organiser is cancelled. You shall be issued with a full refund within 10 working days by the same means of payment which you used in order to make the relevant payment in respect of the transaction that you are cancelling.
· In the event that an Organiser cancels (for any reason) any activity for which you have entered into a transaction through the Find Your Activity Service, you shall be issued with a full refund within 10 working days by the samemeans of payment which you usedin order to make the relevant payment in respect of the transaction that has been cancelled. Please note that this refund does not affect any legal rights that you may have to seek any additional remedies for additional compensation directly from the relevant Organiser.
10. Acceptable use of the Find Your Activity Service
You acknowledge that the Find Your Activity Service enables you to view Listings and enter into transactions with Organisers. We also provide a platform for you to communicate with other users of the Find Your Activity Service and post messages, personal information, images, text and other material (“User Content”) which can be seen by others.
You agree that in using the Find Your Activity Service, you agree to comply with any guidelines provided or reasonable instructions issued by Us from time to time in respect of your use of the App;
1. to notify Us immediately of any circumstances where any intellectual property rights or any other rights of any third party may have been infringed; and
2. to take reasonable steps to ensure your mobile device contains adequate anti-virus protection:
3. not to post or otherwise make available any User Content which is unlawful, defamatory, obscene, offensive, racist, illegal, incites hatred or criminal activity, has the effect of being harassing, threatening or abusive to any i Individual or group of individuals (including on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability or otherwise)or
4. not to violate any third party’s rights (including a breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right);
5. not to knowingly post false, misleading, untruthful or inaccurate information
6. not to discriminate against other users of the Find Your Activity Service;
7. not to create spam messages;
8. not to distribute viruses or any other technologies that may harm Us or the interests of any other users of the Find Your Activity Service, or otherwise interfere with or disrupt Our systems;
9. not to do anything to bring Us or the Find Your Activity Service into disrepute;
10. not to solicit or attempt to solicit personal information from any other user;
11. not to impersonate any other person; and
12. not to use Our messaging facilities to lie to or deceive other users (i.e. you must not 'scam' other users); and
13. not to advertise or promote any business, commercial venture or any products and services, unless expressly permitted by us.
· If any User Content makes you feel threatened, or abused, or if you believe any User Content is offensive or otherwise breaches the Terms, please contact Us directly.
· By posting or making available any User Content via the Find Your Activity Service, or by sending any User Content to Us, you are promising Us that you have the right and all necessary approvals to use such User Content and that We can use it in any media without any payment or obligation to you or anyone else. You further promise Us that the availability or publishing of any such User Content as part of the Find Your Activity Service will not cause Us to infringe the rights of any third party or to be in breach of any applicable law or regulation. You agree to compensate Us for any losses We suffer as a direct result of any breach by you of any of the promises made by you in these Terms.
· You acknowledge that We have the right, but not obligation to monitor or moderate any User Content. If We become aware of any User Content which We reasonably consider does not comply with the Terms, We may remove it.
· If you post or submit User Content, unless We indicate otherwise, you grant: (a) Us and our group companies a non-exclusive, royalty-free and fully sublicensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world, whether on a commercial or non-commercial basis, in any media; and (b) Us, our sublicensees and transferees the right to use the name that you submit in connection with such User Content, if We or our group companies should choose to do so.
· You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such User Content. To the extent permitted by law, you agree to waive your right to be identified as the author of such User Content and your right to object to derogatory treatment of such User Content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Us including the execution of deeds and documents, at our request and cost.
· The information available through the provision of the Find Your Activity Service, including both Listings and User Content (the “Information”) is provided to you for your personal purposes only.
· Please note that while we put in place policies and take reasonable steps to ensure that any Listings are posted by Organisers who are reputable, we do not guarantee the accuracy or validity of any Information (including the relevant time, date, cost of location of any activity detailed in any Listing) or in any way endorse the suitability of any activity described in any Listing for a particular age range. You acknowledge that any transaction entered into following review of any Listing on the Find Your Activity Service (whether that transaction is entered into via the Find Your Activity Service or directly with the relevant third party) is conducted at your own discretion and risk. You are advised to check any event timings, age suitability, costings and related event information are valid prior to committing to any purchases or attending an event or place.
· Where the Find Your Activity Service includes views, opinions, advice and recommendations, these views, opinions, advice and recommendations are not endorsed by Us and, to the maximum extent permitted by law, We shall not be liable on account of the accuracy, defamatory nature, completeness, timeliness or otherwise of such views, opinions, advice and recommendations.
· Please note that the Find Your Activity Service may include links to third party websites. We accept no responsibility for the availability, suitability, reliability or content of such third party websites and We do not necessarily endorse the views expressed within them.
12. Your legal rights and the limits on Our liability to you
· We accept liability for death or personal injury caused by Our negligence or that of Our employees and agents. We also accept liability for fraud and fraudulent misrepresentation by Us or Our employees or agents.
· If We breach the Terms, We shall only be liable for losses which are a reasonably foreseeable consequence of such a breach up to the greater of: (i) the amount of fees amounts paid by you in purchases made through the Find Your Activity Service in the preceding 3 months; and (ii) £100. "Foreseeable" means that the losses could have been reasonably contemplated by you and Us at the time of entering into these Terms.
· We are not responsible for: (i) losses not caused by Our breach; (ii) indirect losses which means loss to you which is a side effect of the main loss or damage and where you and We could not have reasonably anticipated that type of loss arising at the time of entering into the Terms; (iv) any loss arising as a result of the accuracy, timeliness, completeness or usefulness of any Information (including any Listing); or (v) failure to provide the Find Your Activity Service or to meet any of Our obligations under the Terms where such failure is due to events beyond Our control (for example a network failure).
· You have certain rights under the law. Nothing in the Terms (including in this section 14) is intended to or will affect your statutory rights. Save as expressly set out in this Agreement, all conditions, representations, warranties, undertakings or other terms whether express or implied, statutory or otherwise are excluded from this Agreement to the fullest extent permitted by law.
· If you breach the Terms, then (without limiting any other remedy We may have), We may at Our sole discretion, disable, partially disable, modify, or delete any or all of your accounts, block your IP address or device from accessing the Find Your Activity Service, or in any other lawful way partially or fully restrict your access to the Find Your Activity Service.
· You also agree to compensate Us and keep Us compensated for any loss We suffer (including financial or reputational loss) howsoever arising, as a result of your breach of any of the Terms.
14. Availability of the Find Your Activity Service
Whilst We use reasonable efforts to provide a reliable service and software, We do not and cannot guarantee that the Find Your Activity Service will be available 100% of the time. All software may contain bugs, and all hardware can suffer failures. You also acknowledge that failures, defects or other issues which have a detrimental effect on the Find Your Activity Service may occur due to events beyond Our reasonable control.
15. Rights of third parties
The Terms are not intended to give rights to anyone except you and Us, except as stated otherwise in Schedule 1.
You acknowledge that We may transfer Our rights under the Terms (and any related claims) to any third party without having to obtain your prior consent.
17. No waiver of legal rights
If you breach the Terms and We take no action against you, We will still be entitled to use Our rights and remedies in any other situation where you breach the Terms.
18. Entire Agreement
· The Terms constitute all terms agreed upon between you and us and supersede any prior agreements in relation to the Find Your Activity Service. You represent that you have not accepted the Terms in reliance on any oral or written representations made by us that are not contained in the Terms.
· You acknowledge that your right to access and use the Find Your Activity Service is also subject to:
· applicable law; and
· any rules or policies applied by the relevant appstore from which you access the App (as specified in Schedule 1);
If any part of the Terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
These conditions are governed by and construed in accordance with English law. We both agree to submit to the non-exclusive jurisdiction of the English courts, which means: (i) that if you live in the EU, you may enforce your rights in connection with the Terms in the EU member state in which you live; or (ii) if you live in any other jurisdiction which affords you mandatory consumer protection rights, you may enforce your rights in connection with the Terms in accordance with such rights.
21. Contact Details
If you have any questions, complaints or comments about Us or the Find Your Activity Service (including if any Content of the Find Your Activity Service is offensive, defamatory or infringes any third party rights), then please contact Us by email at help@Find Your Activity.co.uk, in writing by post to Find Your Activity Limited, Manor Corner, 1 Mill Lane, Yateley, GU46 7TE
1. When accessing the App through the iTunes App Store
Acknowledgement: You acknowledge that the Terms are concluded between you and Us, and not with Apple, Inc. You acknowledge that your use of the App is subject to the iTunes usage rules as set out at http://www.apple.com/legal/internet-services/itunes/us/terms.html (the “iTunes Usage Rules”) (which you acknowledge you have had the opportunity to review) and in the event of a conflict between these Terms and the iTunes Usage Rules, the iTunes Usage Rules shall take precedence.
· Scope of Licence: Your licence to use the Find Your Activity Service is limited to use of the Find Your Activity Service on an Apple device that you own or control and as permitted in accordance with iTunes Usage Rules.
· Maintenance and Support: Apple, Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
· Warranty: To the maximum extent permitted by applicable law, Apple, Inc. will have no warranty obligation whatsoever with respect to the App.
· Product Claims: We acknowledge that We, not Apple, Inc. are responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Our liability to you is not limited beyond what is permitted by applicable law.
· Intellectual Property Rights: In the event of any third party claim that the App or your possession and use of that App infringes any third party’s intellectual property rights, We, and not Apple, Inc. will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
· Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.K. Government embargo, or that has been designated as a “terrorist supporting” country; and (ii) you are not listed on any Government list of prohibited or restricted parties.
· Third Party Beneficiary: Apple, Inc. and its subsidiaries, are third party beneficiaries of the Terms, and that, upon your acceptance of the Terms, Apple, Inc. will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof.